What will a stipulation in a nonpayment case include?

A breakdown, which is a clear list of how much money is owed and for which months.

The due dates for paying the rent arrears.

How payments will be made (mailed or hand delivered, checks or money orders, and to where).

Deadlines for paying current rent (rent for the months coming up).

The consequences of default (what happens if you don’t make the full payments on time).

Tip: Before you go to court, gather your receipts, canceled checks, money orders or printouts showing what has been paid. Calculate how much rent you owe and find out if the landlord is charging you any fees. You might have to fight with the landlord about what has been paid so take all your proof to court on your hearing date.

Judgments — A final judgment usually includes a money judgment and a possessory judgment. A money judgment allows the landlord to collect money and a possessory judgment allows the landlord to have you evicted if you don’t pay on time.

Repairs — If you have housing conditions that need to be repaired or services that you are not getting, they should be included. Try to get an agreement that says what the landlord will fix and the dates the work will be done, and what will happen if the repairs are not done. Try to avoid weak language like “landlord will inspect and repair if necessary” which could result in landlords not being held accountable for not making the repairs.

Tip: Before you go to court, gather your receipts, canceled checks, money orders or printouts showing what has been paid. Calculate how much rent you owe and find out if the landlord is charging you any fees. You might have to fight with the landlord about what has been paid so take all your proof to court on your hearing date.

Fees — Late fees, legal fees, AC, washing machine fees, and parking fees are often addressed in the stipulation. They can be included, reserved, waived, put off until later in the case, or severed (this means the fees are taken out of the Housing Court case but the landlord can sue you in Civil Court for them).

Other things — The stipulation may include a requirement that the landlord give you a renewal lease, a lease in your name, a rent breakdown, recertification paperwork, or provide something else that was negotiated. Or it may include a requirement that you trace a money order or recertify your subsidy, or do something else related to the rent. Make sure there is a clear definition of when and how the these tasks will be done.

Understanding the importance of judgments and warrants — If the stipulation includes a judgment and warrant, the landlord will be able to hire a marshal who can then evict you if you don’t keep to the terms of the agreement. If the stipulation does not have a judgment, the landlord will have go back to court to get a judgment before he or she can evict you. A stipulation usually has a judgment but you can negotiate one without a judgment, especially if you will be paying the rent owed in the same month or in a short time. A judgment may appear on your credit report. If your stip has a judgment, you can ask to include language that allows the judgment to be vacated when the money is paid.